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Spain: Recruitment and selection

Updating author: Jesús Gimeno, Simmons & Simmons
Original author: Jones Day

See the legal services provided by the updating author of XpertHR International > Spain, including any discounts/offers for subscribers.


  • Discrimination in recruitment and selection is outlawed on various grounds. (See Discrimination)
  • Generally, job adverts addressed only to a specific gender (whether male or female) are considered to be discriminatory. (See Advertising vacancies)
  • Employers are obliged to carry out checks to ensure that job applicants are legally entitled to work and may carry out background checks on job applicants in certain circumstances. (See Background and right to work checks)
  • Part-time employees have priority for full-time vacancies that arise with their employer, if they want full-time employment. (See Priority for employment)
  • Generally, children under 16 cannot work, and there are special rules for employees aged under 18. (See Young people and children)
  • There are restrictions on the employment of nationals of countries outside the other 26 EU member states and the EEA countries. (See Foreign nationals)
  • All employers with 50 or more employees must, in principle, ensure that at least 2% of their workforce is made up of people with officially recognised disabilities. (See Employment quota for people with disabilities)